Concurrent Filing - Using Cross Chargeability

Tracker update

Hi All,

Gokris has been added, welcome aboard.
Also added GC_LIKEE's AP AD.

Dbins, congrats as they are at least looking into your case. One of my friend got an RFE for TB Skin test and then the approval happened in 2.5 months. So u might be just on song.

July Visa B. -> Iam happy 4 all who got stuck & can apply AOS now, but as others have already said earlier, we here r all screwed big time, as I can imagine what will happen to the proc dates now.

Just pray that when they come out with the first visa bulletin of next FY, in a few months, EB2 ROW should remain current, as there is speculation of huge retrogression.

BTW folks Iam 1mon & 2 days shy of a 1 yr aniversary of my 485 filing(RD)

-Still
 
Hey KS
Now since all EB categories becoming current CIS wont accept the CC applications anyways right?
In that case do you think filling concurrently wont be a good idea?
Just so that by the time 140 gets approved and dates are retrogressed we can file for AOS under CC clause.
Confused a bit!!


ks_cc said:
Something tells me that we're not going to be getting any new cross chargeability folks in this forum at least through July and August. :)
Regardless of the visas being available, I hope folks who are filing and are eligible for CC, use CC to file AOS.
Click to expand...
 
prezcalvin said:
Ks and others,

I know they go by RD, but isn't there also a per country quota? So someone from a country different from India/China with much later 485 RD could get a GC before Indians/Chinese with earlier RDs because the quota for India/China filled up, right?

I guess in a roundabout way I am asking if us CC filers have an advantage even if the dates don't retrogress back, in having our visas charged to countries where the queue is not as long as India/China ?
Click to expand...

Hi Prez
I think you're right. I'm not too certain about country quotas being a factor in how the cases are processed though. If you're in a country of chargeability with a long queue, does it matter? I'm not certain if the cases are grouped by country or by RD. It might be both, and if so, then yes, we as CC-ers might have an advantage.
 
way2gc said:
Hey KS
Now since all EB categories becoming current CIS wont accept the CC applications anyways right?
In that case do you think filling concurrently wont be a good idea?
Just so that by the time 140 gets approved and dates are retrogressed we can file for AOS under CC clause.
Confused a bit!!
Click to expand...

Hi way2gc,
Good question. I don't think that CC kicks in only if your country of chargeability is retrogressed. CC is prevalent due to the retrogression that existed, but I don't believe that there is any explicit rule dictating that you cannot use your spouse's country of chargeability if your country is open for business. It might be beneficial to use CC, but I don't believe that the law specifically bars anyone from not using CC if your country quota is available. Since it hasn't happened before, this would be a new thing.
 
ks_cc said:
Hi way2gc,
Good question. I don't think that CC kicks in only if your country of chargeability is retrogressed. CC is prevalent due to the retrogression that existed, but I don't believe that there is any explicit rule dictating that you cannot use your spouse's country of chargeability if your country is open for business. It might be beneficial to use CC, but I don't believe that the law specifically bars anyone from not using CC if your country quota is available. Since it hasn't happened before, this would be a new thing.
Click to expand...
Hey KS
but my confusion still prevails that weather to go ahead with concurrent filling or to take a defensive path of filing the 140 first and then the 485.
 
StillPatient said:
Hi All,

Gokris has been added, welcome aboard.
Also added GC_LIKEE's AP AD.

Dbins, congrats as they are at least looking into your case. One of my friend got an RFE for TB Skin test and then the approval happened in 2.5 months. So u might be just on song.

July Visa B. -> Iam happy 4 all who got stuck & can apply AOS now, but as others have already said earlier, we here r all screwed big time, as I can imagine what will happen to the proc dates now.

Just pray that when they come out with the first visa bulletin of next FY, in a few months, EB2 ROW should remain current, as there is speculation of huge retrogression.

BTW folks Iam 1mon & 2 days shy of a 1 yr aniversary of my 485 filing(RD)

-Still
Click to expand...


When you say there is speculation of huge retrogression, do you mean the ROW EB2 numbers would retrogress or just India-China-Mexico-Phillipines?
 
ks_cc said:
Hi way2gc,
Good question. I don't think that CC kicks in only if your country of chargeability is retrogressed. CC is prevalent due to the retrogression that existed, but I don't believe that there is any explicit rule dictating that you cannot use your spouse's country of chargeability if your country is open for business. It might be beneficial to use CC, but I don't believe that the law specifically bars anyone from not using CC if your country quota is available. Since it hasn't happened before, this would be a new thing.
Click to expand...

Wow things seem to be changing on a monthly basis (after being dormant for years!!). I agree that is no law (since I am not a lawyer, i may be blissfully unaware if there is one) that bars anyone from using CC even when the visa numbers are current for you.
I do not know what to make of this massive movement of dates. I am happy for everyone who can file for AOS now.
Looks like people who applied early in the decade seem to the affected the worst. Who know how the 485/140 process will backlog? No one knows how these cases will be processed. We are assuming that the service centers process cases based on RD/ND, but are we dead sure on that given the massive applicants that will file in July. Wonder if they will have a BPC for 485/140 now. Deja vu again.
 
FP Code?

Vsaxena: Which FP code did you get? Code1 or Code3? What documents did you take with you and did they just do your fingerprinting or FP+Photos+Signature?

thanks
Amvar
 
am_var said:
Vsaxena: Which FP code did you get? Code1 or Code3? What documents did you take with you and did they just do your fingerprinting or FP+Photos+Signature?

thanks
Amvar
Click to expand...

Amvar,

It was CODE 3 (FP+Photos+Signature). I took the FP notice, Id (DL) and 485/EAD receipts. You don't need the receipts but I had them with me.

Thanks
 
passcore said:
When you say there is speculation of huge retrogression, do you mean the ROW EB2 numbers would retrogress or just India-China-Mexico-Phillipines?
Click to expand...

Yes ROW EB2 as well, I read it on various threads here itself, people were fearing of "spillover" from China & India, but Iam not to sure how that can occur though. All we can do is hope for the best and be mentally prepared for the worst.

-Still
 
Will priority date changes AFFECT CC

Since India and China priority dates are current , there might be a possibility that we cannot apply for CC until it retrogresses again for these countries,since we are allowed to use this option because visa numbers are not available
 
TSC Now processing dates

I-485 Now processing dates for TSC moved forward to March 2007!! Thats quite a jump from Sept 2006. USCIS seems to have outsourced their approval process to India :D
 
Looks like I gotta call customer service as the NSC processing dates for 140 and 485 are well past my notice dates.

Any pointers on calling customer service?
 
passcore said:
I-485 Now processing dates for TSC moved forward to March 2007!! Thats quite a jump from Sept 2006. USCIS seems to have outsourced their approval process to India :D
Click to expand...
:) Naah, I think they outsourced to The Republic of Bullshtiana.
Not a bad idea though....stick a few call centers in India and send card production to China...
 
overboard said:
Looks like I gotta call customer service as the NSC processing dates for 140 and 485 are well past my notice dates.

Any pointers on calling customer service?
Click to expand...

No special pointers, but select option 3 for "outside processing times". They'll ask some basic questions about the case and in the end give you a referral number...so keep a writing instrument handy....
 
Tracker updated with new proc dates

Oh maaaan this was quite a jump I was not expecting this, did they really outsrc this:)..............just kidding.


Ks & other gurus.......1 quest:
Can a person with EAD expired but still work when the EAD renewal(I765) is still being proc?

Because my wife's EAD is till Sept 07, her comp filed EAD(ND 3/5) and the proc dates moved back to Dec 06.

-Still
 
StillPatient said:
Oh maaaan this was quite a jump I was not expecting this, did they really outsrc this:)..............just kidding.


Ks & other gurus.......1 quest:
Can a person with EAD expired but still work when the EAD renewal(I765) is still being proc?

Because my wife's EAD is till Sept 07, her comp filed EAD(ND 3/5) and the proc dates moved back to Dec 06.

-Still
Click to expand...

Hey Still,
No, unfortunately, the EAD has to be valid for continued employment. I'd say to not pay too much heed to their processing dates. My EAD renewal took a month back in Jan 07 when the VSC was supposedly processing like November 2006. I am quite certain the she will have her EAD before September. If anything, worst case scenario, it might be a week or two or even three off, but you can work around that with like a leave of absence.
But again, I would be VERY surprised if she does not get her EAD before September. Their EAD processing times are estimated at 90 days after which they used to issue interim EADs at the ASC (which they stopped but have considered reinstituting). If it gets close to August without any word, then ring some congressional doorbells and you'd be all set. EADs are small fry in the bigger AOS picture.
 
still..check or read up on interim EAD's There were around previously, no sure
if its still issued...

No updates on my RFE yet...tensed and waiting...
I am surprised by the dates moving to March07..
 
dbins01 said:
still..check or read up on interim EAD's There were around previously, no sure
if its still issued...

No updates on my RFE yet...tensed and waiting...
I am surprised by the dates moving to March07..
Click to expand...

Thanks dbins01, I will check that out.

Dont get tensed abt the RFE, most probably it will be the TB skin test as I think they have become comp. now.

Another thing, a co-worker of mine suddenly had to apply for 485, but the designated doctors have become very busy due to the huge no of applications getting ready to be filed.

-Still
 
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